This court dismissed a regular second appeal filed under Sec. 100 of CPC for non-compliance of office objections and non-payment of costs, as the appellants were absent and had failed to comply with a prior order.
The appeal was dismissed for non-compliance of office objections and non-payment of cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1569 OF 2021 (DEC/INJ)
BETWEEN:
AGED ABOUT 41 YEARS,
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AGED ABOUT 39 YEARS,
AGED ABOUT 35 YEARS,
ALL THE APPELLANTS NO.1 TO 7 ARE R/O. BASAVANAPURA VILLAGE (HELAVARA HUNDI) MAADAGALLI YELLE BELAKAVADI POST, YELAWALA HOBLI, MYSURU TALUK-571 130.
…APPELLANTS
(BY SRI SWAMY M.M., ADVOCATE [ABSENT])
AND:
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN R.A.NO.119/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2018 PASSED IN O.S.NO.900/2006 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 11.08.2023 observed that
this matter is of the year 2021 and the matter is listed third time for non-compliance of office objections. However, in the ends of justice, granted one more opportunity to the learned
NC: 2023:KHC:30526 RSA No. 1569 of 2021
counsel for the appellants to comply with the office objections on cost of Rs.500/- payable at Registry and also made it clear that, if the cost is not paid and the office objections are not complied, list the matter for dismissal on the next date of hearing. Inspite of the said order, the learned counsel for the appellants has neither paid the cost nor complied with the office objections.
Sd/JUDGE
ST
List No.: 1 Sl No.: 27
1 issue framed by the court
Whether an appeal should be dismissed for non-compliance of office objections and non-payment of costs after being given the opportunity to comply.
1 provisions across 1 enactments
Smt. Sakamma (Since Dead by her LRS)
Sri Malesha s/o Late Boraiah
Sri Mahadeva s/o Late Boraiah
Sri Mahesha s/o Late Boraiah
Sri Manju s/o Late Boraiah
Sri Krishna s/o Late Boraiah
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
